ACLU suing Flagler over jail mail policy

Wednesday

Feb 20, 2013 at 5:46 PMFeb 20, 2013 at 8:55 PM

The American Civil Liberties Union of Florida and the Florida Justice Institute has filed a class-action lawsuit against Flagler Sheriff Jim Manfre and Flagler County claiming the postcard-only policy at the Flagler County Inmate Facility is unconstitutional.

JULIE MURPHYSTAFF WRITER

BUNNELL — The American Civil Liberties Union of Florida and the Florida Justice Institute have filed a class-action lawsuit against Flagler Sheriff Jim Manfre and Flagler County claiming the postcard-only policy at the Flagler County Inmate Facility is unconstitutional, a spokesman said Wednesday.The complaint was filed on behalf of Jennifer Underwood on Tuesday at the U.S. District Court Middle District of Florida, Jacksonville Division. Underwood is married to 31-year-old Thomas "T" Donald Underwood, who is at the jail awaiting trial on multiple counts of sexual battery of a victim under 12 and lewd and lascivious molestation of a victim under 12 from several years ago when he was not yet 18."The lawsuit asks the court to stop Jim Manfre from continuing the unconstitutional practice of limiting incoming mail between the Underwoods and those similarly situated to short, publicly-readable postcards," ACLU spokesman Baylor Johnson said in a written statement.Manfre said late Wednesday he had not read the complaint."I cannot comment on a complaint I have not read," said the sheriff, who took office in January.Manfre said he is "generally aware of the policy" at the jail but added he did not know the nexus of any issues that may have led to the complaint."The courts have established that simply because your loved one is in jail, the government can neither restrict your ability to speak with that person, nor restrict the way you receive information from them," said Benjamin Stevenson, a Pensacola-based staff attorney for the ACLU of Florida, who is also counsel in the Flagler County case as well as a similar case in Santa Rosa County. Jennifer Underwood made statements through the ACLU."I miss my husband terribly and just want to be able to write him a letter about what is going on at home and with the kids without exposing our personal life in a postcard that can be read by anyone," she said. "It's hard to explain to my sons why they can't send their daddy a drawing."The complaint contends Flagler's postcard-only policy for jail inmates "either chills correspondents from writing about sensitive matters entirely" or requires them to expose their communications to "a host of strangers or unintended recipients." Stevenson said the ACLU did not reach out to the Flagler Sheriff's Office to ask Manfre to reverse the policy prior to filing the lawsuit."We would welcome response from them that they want to change the policy," the attorney said by phone Wednesday. Former Flagler County Sheriff Don Fleming started the program on Jan. 15, 2011. The changes that only permit the receipt of 4-1/4-by-6-inch postcards, with the exception of correspondence from attorneys, were intended to make the facility more secure and to save staff time, Debra Johnson, a sheriff's spokeswoman, said at the time."It's going to reduce the possibility of contraband coming in, in the event that your staff misses something," she said. "The standard we are using is the same standard as other jails." Flagler joined Alachua, Lee, Manatee, Pasco, St. Lucie and Santa Rosa counties in adopting the policy.Volusia County corrections officials routinely open mail intended for inmates — except when it's from an attorney, court or public official — looking for "certain words." Inmates are allowed to receive up to six photos per letter but nude photos are not permitted.The Santa Rosa sheriff abandoned the policy and paid $135,000 in attorney's fees and costs to the ACLU and the Florida Justice Institute for their efforts in securing the judgment in their favor in 2012.Mail is "the only practical way" for inmates and their families to communicate, Stevenson said. "Collect calls are very expensive and the sheriff gets a commission of up to 50 percent on those calls," he said. Further, Stevenson said, family members of the accused and convicted haven't done anything wrong and some inmates in the jail are awaiting trial and should be presumed innocent."They are being punished," he said. "Asking someone to correspond on postcards is like asking them to communicate on tweets. It's very abbreviated."